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eBook details

• Title: Diaz V. United States
• Author : Eleventh Circuit U.S. Court of Appeals
• Release Date : January 29, 1999
• Genre: Law,Books,Professional & Technical,
• Pages : * pages
• Size : 55 KB

Description

Appellant Lillian Diaz filed a wrongful death claim under the Federal Tort Claims Act for damages allegedly caused by the negligent treatment of her husband, Alejandro Diaz, by the Federal Bureau of Prisons ("BOP") psychologists and staff, which resulted in his suicide. The district court granted the government's motion for summary judgment, holding that the claim was barred by the Act's statute of limitations. The question presented in this appeal is: when does a claim accrue for a wrongful death action under the Federal Tort Claims Act? The district court held that the claim accrues at the time of death. For the reasons discussed below, we conclude that a wrongful death claim accrues when the plaintiff is, or in the exercise of reasonable diligence should be, aware of both the death and its connection with some act of the defendant. Therefore, we VACATE the district court's order and REMAND for further proceedings consistent with this opinion.

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